The answer to your questions depends on several factors:
1. What state do you live?
2. Is the restraining order against your ex-spouse/significant other or your children?
In California, for example, if you have a restraining order against the other parent of your children, you may still be able to contact the children. However, if the restraining order is against both, the other parent of your children and your children, then you should not have any sort of communication (including facebook and other social media platforms) with either.
The charge IS "Violation of a Restraining Order."
they can be charged with contempt of court - violation of restraining order. The actual penalties vary case by case.
If you have a permenant restraining no contact order then your ex-husband commenting on your facebook picture definitely violates the terms of the restraining order because he is not suppose to contact you at all and commenting on your facebook picture would be a form of contact.
He is not allowed to violate his own restraining order. Notify the Sheriff's Office or police that he is in violation of a restraining order (you should have a copy of it) and show it to them when they arrive. They will arrest him if they find him in violation. You can also notify the judge that issued the order of the circumstances.
Penal Code 273. 6 is a California state code that has to do with the violation of a restraining order. An order of protection or restraining order is an order to stay away from, and do not contact order, granted by a court.
well wouldn't you like to know.
If a person has a restraining or protective order prohibiting the from making contact with a specific individual, all contact is prohibited, including social media.
The only thing that violated a restraining order are those things that are explicitly listed in the order such as proximity, etc. Libel and slander themselves are illegal and you could be charged civily for these matters even if you didn't have the order.
Violating a restraining order, even if it is a misdemeanor, can have serious consequences. It may lead to criminal charges, fines, probation, or even jail time. Additionally, the violation could impact future legal proceedings and may be considered an aggravating factor, resulting in harsher penalties.
Yes, they can. For instance: if you are resticted to mantaining your distance from them, or restrained from contacting them by phone - yet THEY commit these acts themselves, they too are in violation of the court's order.
Define what you mean by a "protective order." If you are referring to a 'restraining order" or a 'keep-away order' any violation of it could result in your immediate arrest.
No. A restraining order is a civil proceeding between two individuals. A violation charge refers to a criminal prosecution. They may arise from the same course of events, but are not connected in the court system.